Used Substantially - Law Dictionary Search Results
Home Dictionary Name: used substantially Page: 7 Page 7 of about 70 results ( seconds)Collision of ships
Collision of ships, the striking or running foul of one ship against another. The remedy is either an action at law or a suit in the Admiralty Division. The possibilities under which a collision may occur, and the rules acted on by the Court of Admiralty, have been thus stated by Lord Stowell in The Woodrop-Sims, (1815) 2 Dodson, 85:-'In the first place, it may happen without blame being imputable to either party: as where the loss is occasioned by a storm or any other vis major, in that case the misfortune must be borne by the party on whom it happens to light, the other not being responsible to him in any degree. Secondly, a misfortune of this kind may arise where both parties are to blame, where there has been a want of due diligence or of skill on both sides: in such a case, the rule of law is, that the loss must be apportioned between them, as having been occasioned by the fault of both of them. Thirdly, it may happen by the misconduct of the suffering party only, and then the rul...
Certify
Certify, The word 'certify' in the Article 134 (1) (C) of the Constitution of India has a clear meaning. It requires that when giving the leave to appeal, the High Court must first determine the issue of law which in its opinion is needed to be settled by the Supreme Court and such question must be clearly set out in its order. It is well-established that mere grant of certificate by the High Court does not prevent this Court from determining whether it was rightly granted and whether the conditions prerequisite for the grant of certificates are satisfied, T.B. Thakore v. State of Maharashtra, (1969) 3 SCC 369 (371). [Constitution of India, Art. 134 (1) (c)]The word 'certify' used in clause (c) of article 133(1) suggests that the High Court is expected to apply its mind before certifying the case to be fit for appeal. The mere grant of a certificate would, however, not preclude this Court from determining whether the conditions pre-requisite for the grant are satisfied. It is, therefor...
Bungalow
Bungalow. Generally, a building on a single, or ground floor, the roof meeting the walls enclosing that floor, either with or without gables, but the space under the roof may be utilised; see Ward v. Paterson, (1929) 2 Ch 396 (restrictive covenant).Bungalow, is a building of which the walls, with the exception of any gables, are no higher than the ground floor, and of which the roof starts at a point substantially not higher than the top of the wall of the ground floor, regardless of the manner in which the space left in the roof is used, Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 335, p. 299; Ward v. Paterson, (1929) 2 Ch 396.Means primarily a one storey building, Halsbury's Laws of England, Vol. 4(2), 4th Edn., Para 335, p. 299; Clothier v. Snell, (1966) 198 Estates Gazette 27....
Abatement
Abatement, a making less:-(1) Abatement of Freehold.-The title of a real action which has been abolished. This takes place where a person dies seised of an inheritance, and before the heir or devisee enters, a stranger, having no right, makes a wrongful entry and gets possession of it. Such an entry is technically called an abatement, and the stranger an abater. It is, in fact, a figurative expression, denoting that the rightful possession or freehold of the heir or devisee is overthrown by the unlawful intervention of a stranger. Abatement differs from intrusion, in that it is always to the prejudice of the heir or immediate devisee, whereas the latter is to the prejudice of the reversioner or remainder man: and disseisin differs from them both, for to disseise is to put forcibly or fraudulently a person seised of the freehold out of possession, Co. Litt. 277a.(2) Abatement of Nuisances.-A remedy allowed by law to a person injured by a nuisance to remove or put an end to it by his own...
variance
variance 1 : a disagreement between two documents or positions ;esp : a disagreement between allegations (as in an indictment or complaint) and proof offered at trial that warrants an appropriate remedy (as a directed verdict or an acquittal) when prejudicial to the substantial rights of the defendant 2 : an authorization to do something contrary to the usual restriction [a granted by a state agency] ;esp : permission for a use of real property that is prohibited by a zoning ordinance see also unnecessary hardship compare spot zoning ...
irresistible impulse test
irresistible impulse test : a test used in some jurisdictions when considering an insanity defense that involves a determination of whether an impulse to commit a criminal act was irresistible due to mental disease or defect regardless of whether the defendant knew right from wrong compare diminished capacity, durham rule, m'naghten test, substantial capacity test ...
Durham rule
Durham rule [from Durham v. United States, 214 F.2d 862 (1954), a case heard by the District of Columbia Court of Appeals that established the rule] : a rule of criminal law used in some states that holds that in order to find a defendant not guilty by reason of insanity the defendant's criminal act must be the product of a mental disease or defect compare irresistible impulse test, m'naghten test, substantial capacity test ...
clearly erroneous
clearly erroneous : being or containing a finding of fact that is not supported by substantial or competent evidence or by reasonable inferences [findings of fact…shall not be set aside unless clearly erroneous "Federal Rules of Civil Procedure Rule 52(a)"] see also Amendment VII to the Constitution in the back matter compare abuse of discretion, de novo NOTE: The requirement that findings be clearly erroneous to be set aside is a standard of review used esp. by an appellate court when reviewing a trial judge's (as opposed to a jury's) findings of fact for error. ...
arbitrary
arbitrary 1 : depending on individual discretion (as of a judge) and not fixed by standards, rules, or law [the manner of punishment is ] 2 a : not restrained or limited in the exercise of power [an government] b : marked by or resulting from the unrestrained exercise of power [protection from arrest and detention] 3 a : based on preference, bias, prejudice, or convenience rather than on reason or fact [an standard] [different provisions for the married and the unmarried were irrational and "K. A. Cohen"] b : existing or coming about seemingly at random or by chance or as an unreasonable act of individual will without regard for facts or applicable law often used in the phrase arbitrary and capricious [an agency finding or conclusion of lack of evidence would be and capricious if the record afforded no substantial basis for such a finding "Irvin v. Hobby, 131 F. Supp. 851 (1955)"] NOTE: Under section 706 of the Administrative Procedure Act, a court shall set aside an agency's a...
Verify
Verify, in relation to a digital signature, electronic record or public key, with its grammatical variations and cognate expression means to determine whether:(a) the initial electronic record was affixed with the digital signature by the use of private key corresponding to the public key of the subscriber;(b) the initial electronic record is retained intact or has been altered since such electronic record was so affixed with the digital signature. [Information Technology Act, 2000 (21 of 2000), s. 2(1) (zh)]1. To prove to be true, to confirm or establish the truth or truthfulness of; to authentically2. To confirm or substantiate by oath or affidavit; to swear to the truth of, Black's Law Dictionary, 7th Edn.Means to ascertain, to confirm, to test the truth or accuracy of, and to prove to be true. That the authority must append his verification to the declaration made by candidate on solemn affirmation, Nanak Singh v. Deputy Commissioner Amritsar, (1968) 70 Punj LR 1095....
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